CCS SS#2 SCS HB 1348 -- AGRICULTURE

This bill makes several changes to agricultural law.

BOLL WEEVIL ERADICATION

Current law allows eligible voters to conduct a referendum on
boll weevil suppression or eradication.  Upon approval of the
referendum, voters are allowed to vote on whether to continue
their assessments for boll weevil suppression or eradication at
least once every five years.  The bill extends the time period
for a vote from at least once every five years to at least once
every 10 years.

QUALIFIED FUEL ETHANOL PRODUCER INCENTIVE FUND

Currently, the Missouri Qualified Fuel Ethanol Producer Incentive
Fund is administered on the calendar year.  The bill requires it
to be administered on a fiscal year.

The bill requires any fuel ethanol production facility to be at
least 51% owned by agricultural producers actively engaged in
agricultural production.

MISSOURI QUALIFIED BIODIESEL PRODUCERS INCENTIVE FUND

The bill creates the Missouri Qualified Biodiesel Producers
Incentive Fund, which provides an incentive to producers of
biodiesel of 30 cents per gallon for up to 15 million gallons of
biodiesel produced per year for five years.  The incentive is to
be received on an estimated monthly production basis paid by the
Department of Agriculture.

SALE OF WINE

The bill requires the makers of wine to remit to the Director of
the Department of Revenue six cents per gallon or fraction of a
gallon for the privilege of selling wine.  The pro rata charge
per ton of grapes or 160 gallons of grape juice processed by
commercial producers in the state is increased from $3 to $6.
The moneys collected are to be credited to the Marketing
Development Fund in a separate account and appropriated annually
for the use of the division of the Department of Agriculture
concerned with the research and advisement of grapes and grape
products in Missouri, including employment of experts in the
fields of viticulture and enology.

CONTRACTS FOR FARM EQUIPMENT

The bill revises the law relating to the repurchase of
industrial, maintenance and construction power equipment, and
outdoor power equipment used for lawn, garden, golf course,
landscaping, or grounds maintenance upon cancellation of
contracts.  Current law requires wholesalers, manufacturers, or
distributors to repurchase the equipment from retailers at 90% of
the net cost, with certain exceptions, and includes provisions
for remedies to the retailer and penalties to the manufacturer,
wholesaler, or distributor upon refusal to repurchase equipment.
The bill replaces the term "farm implements" in the definition of
inventory with the terms "equipment" and "implements" in the law
relating to the repurchase of farm machinery inventory upon the
termination of a dealership.  The bill requires wholesalers,
manufacturers, or distributors to repurchase equipment,
implements, machinery, and attachments at 100% of the net cost
and to repurchase repair parts at 95% of the current net price at
the termination of a contract, with some exceptions.

Currently, repair work performed for a consumer by a farm
equipment dealer under the provisions of a manufacturer's express
warranty is to be reimbursed by the manufacturer to the dealer at
an hourly labor rate that is the same or greater than the hourly
labor rate the dealer currently charges consumers for non-
warranty repair work.  The bill allows the dealer to accept the
manufacturer's reimbursement terms and conditions.

FERAL HOGS

The bill makes it a class A misdemeanor to knowingly release
swine to live in a wild state on public or unfenced private land.
Free-roaming hogs not conspicuously identified by ear tags may be
killed without liability on public lands or on private lands with
the permission of the landowner.  State wildlife regulations must
be followed during the firearms deer and turkey hunting seasons,
and artificial lights may only be used by landowners on their own
land.

ELEVATORS

Single person elevator lifts and belt manlifts operating only in
grain elevators or feed mills are exempted from the provisions of
the Elevator Safety and Inspection Law unless inspection is
requested by the owner.

Provisions of the Elevator Safety and Inspection Law are not to
apply to any elevator that is inaccessible to the public, is not
used to transport passengers, and was built before January 1,
1940.

METHYL TERTIARY BUTYL ETHER (MTBE)

After July 1, 2005, no gasoline sold or stored within the State
of Missouri is to contain more than one-half of 1% by volume of
methyl tertiary butyl ether (MTBE).

MOTOR FUEL PUMP LABELING

The requirement that the sellers of motor fuel blended with an
alcohol additive notify the buyer is repealed.

FOREST MANAGEMENT

The bill allows the Missouri Conservation Commission to establish
a cost-share incentive program to promote sustainable forestry
practices on tracts of at least 40 acres.  The program may
reimburse landowners for up to 50% of the costs of forest
management activities that do not generate an immediate profit,
protect water quality, and ensure efficient use and continued
availability of forest resources.  No individual may receive more
than $5,000 per year from the program.  Lands designated as
forest croplands are not eligible.

AGRICULTURAL MARKETING

The bill creates the Missouri Agricultural Products Marketing
Development Fund for the use of the Marketing Division of the
Department of Agriculture.  Fees collected pursuant to
participation in the AgriMissouri trademark marketing program or
from any other source are to be placed in the fund and used for
promotion of Missouri agricultural products participating in the
program.

The Citizens' Advisory Commission for Marketing Missouri
Agricultural Products is created to make recommendations to the
director of the department on marketing activities associated
with the AgriMissouri trademark and the use of both collected and
appropriated funds for the use of the Marketing Division of the
department.

ORGANIC FARMING

The department may cooperate with any entity, public or private,
engaged in growing, processing, or marketing organic products.

The bill creates the Organic Production and Certification Fee
Fund.  Fees collected for certification of or participation in
organic farming are to be placed in the fund.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am